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Scotland decisions
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Crown Appeal against Sentence by His Majesty's Advocate against CM (High Court of Justiciary) [2026] HCJAC 4 (30 January 2026)
The Appeal Court held that a 3-year sentence for historic child sexual abuse was not unduly lenient, but it imposed a 10-year sexual harm prevention order.
Crown Appeal Against Sentence by His Majesty's Advocate against Michael Patrick Harvey (High Court of Justiciary) [2026] HCJAC 3 (22 January 2026)
The Appeal Court refused a Crown appeal against a 9-year sentence for attempted murder and domestic abuse, and held that an extended sentence was not required.
Crown appeal against Sentence by HMA against Andrew McMahon and Christian Lambert (High Court of Justiciary) [2025] HCJAC 34 (12 August 2025)
The High Court of Justiciary increased sentences for two rape-of-a-child convictions, holding the original sentences were unduly lenient and that section 18 offences are generally more serious than section 1 rape.
Crown Appeal against Sentence by HMA against RB (High Court of Justiciary) [2025] HCJAC 7 (28 January 2025)
The Appeal Court of the High Court of Justiciary allowed a Crown appeal against sentence for sexual offences against two children and imposed a longer extended sentence.
Crown Appeal Against Sentence by HMA against RMG (High Court of Justiciary) [2024] HCJAC 41 (25 October 2024)
The Appeal Court held that the trial judge’s sentences were unduly lenient and substituted an in cumulo term of 12 years’ imprisonment.
Crown Appeal against Sentence by HMA against CM (High Court of Justiciary) [2024] HCJAC 39 (24 September 2024)
The Appeal Court allowed the Crown appeal against a 6-year sentence for multiple rapes, quashed it, and substituted a 9-year sentence.
APPEAL BY STATED CASE v CONVICTION AND SENTENCE BY JAMES MURDOCH v PF PERTH [2024] ScotSAC Crim 1 (09 Janurary 2024)
The Sheriff Appeal Court dismissed James Murdoch’s appeal by stated case, upholding his conviction and sentence and holding that the evidence justified both.
NOTE OF APPEAL AGAINST SENTENCE BY MAXIMILIANO MORENO [2024] ScotHC HCJAC_27 (10 July 2024)
The Appeal Court dismissed Maximiliano Moreno’s challenge to an Order for Lifelong Restriction, holding the statutory risk criteria were met despite his youth and mitigation.
APPEAL v SENTENCE BY GRAHAM KANE v PF KILMARNOCK [2024] ScotSAC Crim 7 (06 June 2024)
Criminal sentence appeal in the Sheriff Appeal Court by Graham Kane against the Procurator Fiscal Kilmarnock. The recorded issue was whether the sentence was excessive or otherwise inappropriate.
NOTE OF APPEAL AGAINST SENTENCE BY HMA AGAINST ALISTAIR DUNCAN FERGUSSON [2024] ScotHC HCJAC_22 (28 May 2024)
Crown appeal against sentence in a sexual offences case. The court held the overall extended sentence was not unduly lenient, but clarified the proper structure of the sentence.
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